Case law
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Division and case type: CivilCivil Appeal
…The award of damages is a matter within the discretion of the trial court.…
…It was thus relevant to the assessment of damages for the purpose not of minimizing the damages, as the learned judge held, but for enhancing them. 5.…
Division and case type: CivilCivil Appeal
…Either interlocutory judgment has been entered and damages remain to be assessed, or there is an ex parte hearing of all the issues on liability and damages.…
…The appeal, concerns the assessment of general damages of Kshs 30,000; special damages of Kshs 1,010 not being disputed.…
Division and case type: CivilCivil Appeal
…The judge decided to proceed with the assessment of damages.…
…The judge did not accomplish the task he set out to do; he did not asses damages.…
Division and case type: CivilCivil Appeal
…He awarded the appellant general damages in the sum of Kshs 250,000/- for the injuries she sustained as a result of the accident. He also awarded special damages in the sum of Kshs 60,750/- and 9,604,600 Italian Lira.…
…The appeal is therefore on quantum of general damages and date of conversion of the Italian Lira in respect of the special damages awarded by the superior court in foreign currency.…
Division and case type: CivilCivil Appeal
…No special damages were proved and no general damages were proved beyond the cost of repairs which the tenant had met. Appeal dismissed. Cases No cases referred to. Statutes No statutes referred.…
…In our opinion, there is no legal liability on the respondent to pay any damages beyond this.…
Division and case type: CivilCivil Appeal
…He went on to award the respondent Kshs 29,320 as special damages, and a total of Kshs 786,600 by way of general damages, made up as follows: 1. Kshs 450,000 for pain and suffering and loss of amenities of life. 2.…
…They were an actual loss and must be proved as part of the special damages.…
Division and case type: CivilCivil Appeal
…Had the plaintiff succeeded he would have awarded Shs.30,000/- general, and Shs.1,000/- special, damages.…
…I would therefore dismiss the second ground of appeal and I would award the appellant Shs.30,000/- general, and Shs.1,000/- special, damages.…
Division and case type: CivilMiscellaneous Application
…He found that the company could be adequately compensated in damages by the Bank and KCFC if the company succeeded in proving its claims in the trial of the action.…
…The damages were quantifiable and the Bank and KCFC had the assets to cover them.…
Division and case type: CivilCivil Suit
…He found that the company could be adequately compensated in damages by the Bank and KCFC if the company succeeded in proving its claims in the trial of the action.…
…The damages were quantifiable and the Bank and KCFC had the assets to cover them.…
Division and case type: CivilCivil Appeal
…The plaintiff’s claim is that he has suffered loss and damage and, therefore, he claims general and special damages.…
…The latter had brought a suit against his employer claiming general damages, and special damages of Kshs 1,516.05 for wrongful dismissal. The High Court dismissed this suit with costs.…
Division and case type: CivilCivil Appeal
….…..RESPONDENT (Appeal from the High Court at Kisumu, Butler-Sloss J) JUDGMENT Platt JA The appellant, Shadrack Arap Baiywo, had been sued by the respondent Bodi Bach, for damages, because the appellant had first sold to…
…The form of the application appears to follow order IXA rule 5 of the Civil Procedure Rules, whereby interlocutory judgment was prayed for, pending the matter being set down for the assessment of damages.…
Division and case type: CivilCivil Suit
…It is the suit filed by Shem Nyambasi Mulefu and Elija Nandi Chikamai against the applicant for injunction, eviction and general damages.…
…Although the respondents got themselves registered as proprietors of the applicant’s parcel of land and got certificate of title, the suit filed for injunction as to trespass, possession and damages relates to a different…
Division and case type: CivilMiscellaneous Application
…It is the suit filed by Shem Nyambasi Mulefu and Elija Nandi Chikamai against the applicant for injunction, eviction and general damages.…
…Although the respondents got themselves registered as proprietors of the applicant’s parcel of land and got certificate of title, the suit filed for injunction as to trespass, possession and damages relates to a different…
Division and case type: CivilCivil Appeal
…We have been informed that damages have been agreed. This will carry interest from the date of judgment to the date of payment in full at court rates. Platt JA. I agree with the conclusion reached by Gachuhi JA.…
…The particulars of negligence contained in the plaint were denied by the written statement of defence and the suit went onto trial on the issue of liability as the learned counsel agreed on quantum of damages.…
Division and case type: CivilCivil Appeal
…In the alternative the respondent claimed Shs 436,000/- by way of damages, that sum being the value of the motor vehicle.…
Division and case type: CivilCivil Appeal
…The plaintiff EA Drapers Limited had sued Combined Warehouses Limited as first defendant for damages.…
…That sum was claimed as damages.…
Division and case type: CivilCivil Appeal
…Shakeel Ahmed, unequivocally repudiated the agreement in their letter of June 19, 1987, it is hardly surprising that Mayfair Holdings sued for specic performance of the agreement, an order for transfer of the property and damages…
…Whether the appellant’s legal advisers should have included a claim against Shakeel personally for damages is only a matter for incidental comment here. 28.…
Division and case type: CivilCivil Appeal
…It follows that once an employee has been dismissed, whether rightly or wrongly, the dismissal stands, and if the contract has been broken by the employer, damages for breach of contract is the remedy to which the employee…
Division and case type: CivilCivil Appeal
…Subsequently, the plaintis issued a writ in rem claiming, inter alia, damages for breach of the agreement and one of the defendant ships were arrested.…